FARMERS AUTO. INS. ASS'N v. UNION PAC. RY.

No. 2007AP1992.

768 N.W.2d 596 (2009)

2009 WI 73

The FARMERS AUTOMOBILE INSURANCE ASSOCIATION, Plaintiff, v. UNION PACIFIC RAILWAY COMPANY, Defendant. Joseph P. Donaubauer, Plaintiff-Appellant-Petitioner, v. The Farmers Automobile Insurance Association, Defendant-Respondent, Union Pacific Railroad Company, Defendant.

Supreme Court of Wisconsin.

Decided July 10, 2009.


Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioner there were briefs by John V. McCoy, Chad R. Levanetz, and McCoy & Hofbauer, S.C., Waukesha, and oral argument by John V. McCoy.

For the defendant-respondent there was a brief by Monte Weiss, Charles W. Kramer, and Deutch & Weiss, LLC, Milwaukee, and oral argument by Monte Weiss.

An amicus curiae brief was filed by James A. Friedman, Patricia L. Wheeler, and Godfrey & Kahn, S.C., Madison, on behalf of the Wisconsin Insurance Alliance.


¶ 1 MICHAEL J. GABLEMAN, J.

This is a review of a published decision of the court of appeals1 affirming the entry of summary judgment against Joseph Donaubauer ("Donaubauer") by the Circuit Court for Milwaukee County, Francis Wasielewski, Judge. This case is a dispute between an insurer and an insured over the proper replacement value of a home that had burned down. Donaubauer, the homeowner, challenges the validity and outcome of...

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